TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER II - MERIT SYSTEMS PROTECTION BOARD

SUBCHAPTER A - ORGANIZATION AND PROCEDURES

PART 1201 - PRACTICES AND PROCEDURES

subpart b - PROCEDURES FOR APPELLATE CASES

1201.24 - Content of an appeal; right to hearing.

  (a) Content. Only an appellant, his or her designated representative, or a party properly substituted under 1201.35 may file an appeal. Appeals may be in any format, including letter form. An appeal may be filed in electronic form provided that the requirements of 1201.14 have been satisfied. All appeals must contain the following: (1) The name, address, and telephone number of the appellant, and the name and address of the agency that took the action; (2) A description of the action the agency took and its effective date; (3) A request for hearing if the appellant wants one; (4) A statement of the reasons why the appellant believes the agency action is wrong; (5) A statement of the action the appellant would like the judge to order; (6) The name, address, and telephone number of the appellant's representative, if the appellant has a representative; (7) The notice of the decision to take the action being appealed, along with any relevant documents; (8) A statement telling whether the appellant or anyone acting on his or her behalf has filed a grievance or a formal discrimination complaint with any agency regarding this matter; and (9) The signature of the appellant or, if the appellant has a representative, of the representative. If the appeal is electronically filed, compliance with 1201.14 and the directions at the Board's e-Appeal site (https://e-appeal.mspb.gov) satisfy the signature requirement.

  (b) An appellant may raise a claim or defense not included in the appeal at any time before the end of the conference(s) held to define the issues in the case. An appellant may not raise a new claim or defense after that time, except for good cause shown. However, a claim or defense not included in the appeal may be excluded if a party shows that including it would result in undue prejudice.

  (c) Use of Board form or electronic filing. An appellant may comply with paragraph (a) of this section, and with 1201.31, by completing MSPB Form 185, or by completing all requests for information marked as required at the e-Appeal site (https://e-appeal.mspb.gov). MSPB Form 185 can be accessed at the Board's Web site (http://www.mspb.gov).

  (d) Right to hearing. Under 5 U.S.C. 7701, an appellant has a right to a hearing.

  (e) Timely request. The appellant must submit any request for a hearing with the appeal, or within any other time period the judge sets for that purpose. If the appellant does not make a timely request for a hearing, the right to a hearing is waived.

[54 FR 53504, Dec. 29, 1989, as amended at 68 FR 59862, Oct. 20, 2003; 69 FR 57629, Sept. 27, 2004]